Commercial Contracts

  • July 14, 2026

    Litigation Funder Can Keep Award Under Pre-Injury Case Deal

    A litigation funder can keep a $166,000 award from settlement proceeds in a personal injury case, a New Jersey state appeals court ruled Tuesday, finding the business was entitled to the payout after having covered the funding recipient's medical care.

  • July 14, 2026

    Insurer Ducks Models' Advertising Claims Against Strip Club

    A Connecticut federal judge has handed Clear Blue Specialty Insurance Co. a win in six professional models' attempts to access a strip club's $1 million policy pursuant to a settlement in an underlying false association and false advertising lawsuit, saying an exclusion for "exhibitions and related marketing" insulates the insurer.

  • July 14, 2026

    BakerHostetler Flips Holland & Knight's Antitrust Co-Lead

    An attorney with nearly 25 years of experience in commercial and antitrust litigation has moved his practice to BakerHostetler's Philadelphia office after five years with Holland & Knight LLP.

  • July 14, 2026

    Calif. Bar Settles With Administrators Of 'Disastrous' Bar Exam

    The State Bar of California has reached a settlement with the administrators of its "disastrous" February 2025 bar exam, whose array of highly publicized technical glitches prevented hundreds of aspiring lawyers from completing the test.

  • July 14, 2026

    Pharma Cos. Clash In Del. Chancery Over Dental Drug License

    Ventis Pharma Inc. has sued Balanced Pharma Inc. in the Delaware Chancery Court, accusing its licensee of failing to make commercially reasonable efforts to develop and market a licensed dental anesthetic product and seeking a declaration that the companies' exclusive licensing agreement has been terminated.

  • July 13, 2026

    Portofino Says Citadel Used Dismissal To Fuel Press Campaign

    Portofino Technologies has accused Citadel Securities of using its decision to drop its trade secrets lawsuit against the Swiss cryptocurrency trading firm as an opportunity to drum up bad press about Portofino, and papering over the fact that an $8 million judgment it won in the dispute is a "pyrrhic victory."

  • July 13, 2026

    Court Economist Says Epic-Google Deal Isn't Evidence-Based

    U.S. District Judge James Donato has already told Epic and Google that he's "not going to keep" going back and forth with them about changes they want to an injunction he has to issue following Epic's antitrust trial win against Google, and now a court-appointed expert has informed him she has issues with the proposed changes as well.

  • July 13, 2026

    IBM Gets Win On Mainframe Patent Infringement Claims

    A Swiss company infringed IBM patents covering its mainframe software, a Western District of Texas judge found Monday, although he declined for now to give the tech giant a win on the trade secrets component of its case.

  • July 13, 2026

    WebAI Says Ex-Engineers Recast Firing As Fraud Claims

    WebAI Inc. has told a North Carolina federal court that a complaint by former engineers alleging an executive's conduct jeopardized huge deals is merely an attempt by disgruntled employees to conjure a multicount lawsuit from a lawful employment separation.

  • July 13, 2026

    Michigan Jury Rejects Truck Buyers' Claims Against Navistar

    After more than eight hours of deliberation, a Michigan federal jury announced a verdict Monday in favor of truck manufacturer Navistar, which was defending itself against claims by two trucking companies over delayed delivery of trucks, finding the evidence did not show Navistar committed fraud or breach of contract.

  • July 13, 2026

    Staffing Co. Fights Coverage Denial For Labor Violation Row

    A staffing company accused of failing to provide laborers with required employment notices and assignment-related disclosures in violation of Illinois law said it is entitled to a defense under its commercial lines policies, telling a federal court that its insurer wrongfully refused coverage for the proposed class action.

  • July 13, 2026

    Under Armour Beats Most Claims In Ex-Supplier's Suit

    Athletic apparel company Under Armour dodged claims that its marketing of bioceramic powder products as FDA-approved cost its former business partner money, with a Pennsylvania federal judge ruling Monday that there was no obvious link between the statements and the plaintiffs' losses.

  • July 13, 2026

    2nd Circ. Upholds Cumulus' Data-Tying Order Against Nielsen

    Nielsen cannot condition media company Cumulus' access to national radio ratings data on buying its local offerings, under a Second Circuit panel decision Monday upholding, and unpausing, a district court preliminary injunction, concluding that a 10-fold price increase for the standalone product likely amounted to anticompetitive coercion.

  • July 13, 2026

    SEC Says Crypto Service Agreement Is Investment Contract

    The U.S. Securities and Exchange Commission has asked a Texas federal judge to find that service agreements offered by two crypto mining fraudsters count as investment contracts, and thus securities, saying the court should grant judgment as a matter of law.

  • July 13, 2026

    Toyota Should Be Freed From IP Suit, Judge Says

    A Texas federal judge has recommended allowing Toyota to avoid allegations it infringed a half dozen vehicle infotainment patents, saying the automaker already has a license to the intellectual property.

  • July 13, 2026

    Hyundai Urges Arbitration Of Emergency Braking Claims

    Hyundai has urged a California federal judge to send a proposed class action over its allegedly faulty automatic emergency braking system into arbitration, arguing that the drivers accepted an arbitration provision when they agreed to the terms and conditions of its Bluelink services to obtain optional integrated connectivity features. 

  • July 13, 2026

    Software Co.'s Lack Of 'Diligence' Dooms Late TM Suit Update

    A North Carolina federal judge has faulted a software company's "lack of diligence" in submitting proper paperwork to the U.S. Patent and Trademark Office and notifying the court its trademark was canceled as the judge denied the company's request to amend its lawsuit against a European rival.

  • July 13, 2026

    Solar Co. Loses Challenge To Validity Of Conn. Panel Seats

    A Connecticut state court judge has turned away a solar developer's argument that three commissioners were sitting illegally on the Public Utilities Regulatory Authority when they ruled in favor of an Avangrid Inc. unit as part of a dispute over a power purchase agreement.

  • July 13, 2026

    Ex-Viking Plastics CEO Seeks Advancement In Del. Chancery

    Former Viking Plastics CEO Kelly Goodsel has asked the Delaware Chancery Court to order VPI Acquisition LLC to advance his legal fees in litigation accusing him of fraud during the company's $40 million sale, arguing the purchase agreement mandates this because the claims stem directly from his service as chief executive.

  • July 13, 2026

    7th Circ. Revives Teva Suit Over Eli Lilly Generic Drug Block

    The Seventh Circuit on Monday revived a breach-of-contract lawsuit against Eli Lilly, ruling that an earlier legal settlement under which Eli Lilly agreed not to block the approval and marketing of Teva Pharmaceuticals' generic version of its osteoporosis drug Forteo didn't necessarily expire when the underlying patents did.

  • July 13, 2026

    Gaming Co. Settles Usurious Loan Suit Against BHG Financial

    A couple who sought financing from nationwide lender BHG Financial LLC to open an esports gaming café has settled a lawsuit alleging the loan agreement was usurious and contained "unconscionable terms," according to an order in North Carolina federal court.

  • July 13, 2026

    NC Co.'s $9.8M Indemnity Payment Not Covered, Insurers Say

    A building products manufacturer is not entitled to coverage after reimbursing its financial adviser $9.8 million for defense and settlement costs incurred in litigation over a take-private transaction, the company's excess directors and officers insurers told a North Carolina federal court.

  • July 13, 2026

    Equipment Co. Sues Pa. Railroad Over Abrupt Access Block

    A Pittsburgh industrial equipment company says a short-line railroad adjacent to its property has suddenly stopped a decades-long practice of allowing it to use an access road alongside the tracks, closing off access to the company's loading docks, according to a lawsuit filed in Pennsylvania state court.

  • July 13, 2026

    Cannabis Co. Says Mich. City Forced Illegal License Waiver

    A marijuana dispensary in Michigan's Upper Peninsula told a federal court that a Michigan municipality changed cannabis licensing rules midway through the process and committed fraud and breach of contract.

  • July 13, 2026

    DHS Revives Plan For NJ Immigrant Detention Center

    The U.S. government told a federal judge that it's actually still considering plans to turn a New Jersey warehouse into an immigrant detention center, a week after it reported it no longer intended to pursue the challenged project.

Expert Analysis

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Decoding Arbitral Disputes: Curial Review Limits In Singapore

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    The Singapore International Commercial Court's recent decision to dismiss an application for supervisory relief from a Singapore International Arbitration Centre final costs award illustrates the limits of converting adverse financial consequences into public policy objections, even where the commercial result is severe, says Josep Galvez at 4-5 Gray's Inn.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • USTR Forced Labor Tariff Plan Pushes Trade Recourse Limits

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    Tariffs recently proposed by the U.S. Trade Representative’s Office, which determined that 60 countries failed to implement adequate forced labor protections, expand the use of existing trade remedies to address global supply chain labor standards, potentially inviting both practical adjustments by businesses and careful legal scrutiny, says attorney Sohan Dasgupta.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • How Tenants Can Guard Against Unpaid Build-Out Allowances

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    As market pressures on landlords intensify liquidity problems and reimbursement disputes, commercial tenants negotiating office leases should proactively address the risk of delayed or unpaid construction allowances by implementing strategies including escrow protections, letters of credit, guaranties and offset rights, say attorneys at White & Williams.

  • A Look At The Court's Next Steps In Live Nation Antitrust Case

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    Following a recent jury verdict that Live Nation and Ticketmaster operated as a monopoly to fix ticket prices, a New York federal court stands to weigh Live Nation's bid for a new trial, approve the U.S. Department of Justice's March settlement with the defendants, and impose remedies that include full structural separation, say attorneys at Crowell.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Foot Locker Fine Illustrates SEC's Whistleblower Priorities

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    The U.S. Securities and Exchange Commission's recent fining of Foot Locker for its separation agreements is a reminder that the commission remains serious about maintaining open channels for reporting whistleblower concerns and that provisions can violate Rule 21F-17(a) without specifically barring communications with the SEC, says Jonathan Richman at Brown Rudnick.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • Del. Chancery Has Signaled Decreased Use Of Its Blue Pencil

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    The Delaware Chancery Court's decision in BluSky Restoration Contractors v. Robbins not to enforce or rewrite overbroad language, known as blue-penciling, in key covenants shows that the sale of a business context no longer insulates these restrictive measures from judicial scrutiny, affecting transactions and litigation, says Aylin Daldal at Kleinbard.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

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